Interpretation of the Terms of Wills

Most claims take less than a year and don’t have to go to court. However, every case is different, and time spans depend on the type of dispute and your individual situation.

Some disputes can be resolved quickly and amicably in a matter of months, but others might take years to conclude and involve going to court several times.

We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’)
• Payment on conclusion
• Private monthly billing.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

This depends if you, the other beneficiaries and the executor agree that there’s an error in the Will, or an issue with its meaning.

If you agree that there’s an error or mistake in the Will, we can help you make a joint application to the court or probate registry. If you can’t agree, we’ll help you make a contested application in the High Court.

If you disagree on the meaning of the Will, we’ll help you apply for the court to interpret it. In some cases you can avoid this, and use the interpretation of a barrister instead.

Our team of experts are here to help you. We’ll work to deal with any concerns you have, and fight for your interests to achieve the best possible outcome.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

You should apply for a Will to be corrected within six months of the grant of representation being issued. If you want to make a claim after that, you’ll need to get permission from the court.

It’s sometimes possible to correct the error without applying to the court, by using a deed of variation. Ideally, you should do this within two years of the death of the person who made the Will.

Our national team of lawyers specialise in Wills, Trusts and Estate Disputes. We have a wealth of experience in the wide range of disputes that can arise.

We have expert lawyers based in offices nationwide. The team also has significant experience in advising clients where there is an international element to the dispute, such as:

• The deceased owning assets outside of the UK
• Advising clients who live overseas
• Dealing with international trust disputes.

As a top five UK Private Wealth law firm, we work closely with our Tax, Trust and Estates team and we can draw on their significant expertise in tax, wealth planning, the administration of estates and estate planning.